Man sought child porn because of 'intergenerational trauma': BC judge

A British Columbia man charged with possession of child pornography has been handed an eight-month conditional sentence after a judge said that the defendant was led to the criminal acts because of "intergenerational trauma."

BC provincial court Judge Joanne Challenger said the sentence will include a three-year probation period following the eight months, and said that the offender, "CL," poses no safety risk to the community, according to the Western Standard.

CL uploaded a video to his Instagram account, "Moose is Loose," in March of 2020, depicting children being sexually abused. The content was subsequently shared with an account under the name "Maya Wright."

A second video containing child pornography was uploaded to another account run by CL called "ChiefPoundrHard." This video was also shared to Maya Wright.

Instagram subsequently reportedly CL's activity to the authorities, and an investigation followed. In June of last year, a search warrant conducted at CL's residence revealed multiple devices containing child abuse material.

Police discovered that CL possessed 1,375 images and 107 videos containing child pornography, and that CL was involved in chat groups where users discuss and share child pornography. Half of the content showed children either nude or "posed in a sexualized manner," while the other half displayed children being subjected to sexual abuse by adults, according to authorities.

Challenger said that CL, now 27,  admitted to beginning to collect child pornography six years ago, when he received his first iPad at the age of 21. CL subsequently began communication and trading with other individuals involved with the materials, according to the Western Standard.

"One such person wanted images showing younger and younger children being sexually assaulted," Challenger said, adding that "the offender felt pressured to provide the images as he was afraid he would be exposed and bring shame to his family."

The ruling states that some of the content possessed and shared by CL included children subject to "oral, anal, or vaginal sexual penetration by an adult."

Police also described CL's bedroom during the search warrant as being "unsanitary," with insects found under some items, according to the ruling.

Challenger said CL had been socially isolated during his teen years, and had been emotionally and physically bullied by an older brother, which led to "chronic low self-esteem."

"He is also naive and lacks the life skills or experiences which would normally be expected for a 27-year-old person. He has not been able to properly access assistance due to his isolation," said Challenger.

The judge highlighted that the man's family members have been impacted by the assimilation policies and Canada's residential school system, therefore he experiences "intergenerational trauma."

"He has been negatively impacted by the intergenerational trauma which resulted," Challenger said, according to Coast Reporter. "He has some cognitive limitations and mental health challenges."

In the ruling, CL was described as "a warm, kind, big-hearted person."

"There is a body of cogent evidence before the court which establishes that the cause of this offender's criminal conduct is the result of his poor mental and physical health," said the judge."This serves to reduce his moral culpability."

The judgement, issued on March 30, concludes with saying how "loved and highly regarded" CL is, and how the offender has a "great deal to offer his nation and the community at large."

"I find a conditional sentence of eight months is appropriate," said Challenger. "It should be recognized that it represents a markedly lenient disposition. There will be a period of probation to follow for three years."

Challenger did also note that the images possessed by CL were "abhorrent," and that the children involved deserve retribution.